Republic of the Philippines

Regional Trial Court of Misamis Oriental

10th Judicial Region
Branch 20
Cagayan de Oro City

Heirs of Leon and Trinidad Tapongot Civil Case No. R-CDO-20

Ruiz, namely Carmito Leon B. Tapongot, 00608-CV
Erlinda T. Birondo, Auxilium T. Jalagat,
Elena T. Abrea and Isidro B. Tapongot.
Plaintiffs,

-versus-
For: Recovery of Possession,
Quieting of Title and Damages

Municipality of Villanueva, Misamis Oriental

Represented by Local Chief Executive
Mayor Jennie Rosalie T. Uy and Barangay Katipunan,
Villanueva, Misamis Oriental Represented by the Local
Chief Executive Barangay Captain Julio F. Cabato Jr.
Defendants

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Republic of the Philippines }
City of Cagayan de Oro } s.c.

JUDICIAL AFFIDAVIT
(Carmito Leon B.Tapongot)

Preliminary Statement

This is the judicial affidavit of Carmito Leon B. Tapongot The lawyer

conducting the examination is Atty. Dexter Baquiano Precioso, at the latter’s office
located at Zone-3, Patag, Camp Evangelista, Cagayan de Oro City, Misamis
Oriental Philippines. Counsel has apprised the witness that his testimony is under
oath and he may be made criminally liable if his answers are later proven to be
false;

Purpose of the Testimony

The testimony of this witness is respectfully offered to prove the following:

1. That he is one of the complainants in this case;

2. That the area subject to this case is titled under his name;

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Recovery of Possession, Quieting of Title and Damages Civil Case No. R-CDO-20-00608-CV
3. That the Title of the are subject to this case is held in trust for the heirs of the
late Leon and Trinidad Tapongot;
4. That the heirs of the late Leon and Trinidad Tapongot are the owners of the
property subject to this case;
5. That they are unlawfully deprived of their rights over the said property subject
to this case;
6. To prove other relative matters in relation to this case;
7. To identify documentary exhibits;
8. To identify and authenticate this judicial affidavit;

Legend: Questions by counsel – Q; Answers of the witness –A;

1. Q: Please state your name, age, marital status, and residence

A: I am Carmito Leon B. Tapongot , of legal age, Filipino citizen,
married and a resident of Poblacion 1, Villanueva, Misamis Oriental,
Philippines.

2. Q: Why are you executing this judicial affidavit?

A: To testify in this case that we have filed together with other heirs;

3. Q: Why have you filed this case?

A: Because we were unlawfully deprived of our inheritance over the

property subject of this case;

4. Q: Do you have any proof of ownership over the said property?

A: Yes;

5. Q: I am showing to you a document titled Transfer of Certificate of Title

with No. T-7584 marked as Exhibit “B” to “B-1” to “B-3”, what is the
relation of this document to the proof which you have just mentioned?

A: That is the title to the property subject to this case.

6. Q: Where is this property located?

A: At Barangay Katipunan, Municipality of Villanueva, Province of

Misamis Oriental.

7. Q: Aside from the title that you mentioned what are others proof that you
have?

A. I have a tax declaration to the said property under my name.

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Recovery of Possession, Quieting of Title and Damages Civil Case No. R-CDO-20-00608-CV
8. Q: I am showing to you a document titled as Tax Declaration marked as
Exhibit- C, what is the relation of this document to your assertion?

A. That is the document I mentioned.

9. Q: What else?

A. We have also a tax clearance, proof that we paid real property tax to the
said property religiously.

10.Q: I am showing to you a document marked as Exhibit D, what is the

relevance of this document to the one you mentioned?

A. That is the same document I mentioned earlier.

11.Q. Why are your other siblings involved in this case?

A. Because the property in this case is our inheritance.

12.Q. Then why was it name only to you?

A. All my siblings know that it is our inheritance, the very reason that it was
name for me, is for the easy process in the titling of the said property, and
it was agreed also by my siblings.

13.Q. Are you certain that the titled property subject of this case is really an
inheritance?

A. Yes, because it was the property of our late parents.

14.Q. I am showing to you a document, Certificate of death marked as Exhibit

E, whatis the relevance of this document to this case?

A. That is the death certificate of my Father Leon Tapongot.

15.Q. I am showing to you a document, Certificate of death marked as Exhibit

F, whatis the relevance of this document to this case?

A. That is the death certificate of my Mother Trinidad Tapongot.

15. Q. You said that you were unlawfully deprived of the titled property that
you mentioned in in what manner?

A. The Municipality of Villanueva as well as the Barangay Katipunan had

erected structures on the said property without our consent;

13.Q. Do you have any proof to that assertion of yours?

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Recovery of Possession, Quieting of Title and Damages Civil Case No. R-CDO-20-00608-CV
 A. Yes.

14.Q: I am showing to you, pictures marked as Exhibit G, G-1 to G-2, what

these pictures show?

A: It is the picture of the Villanueva Public Market, which has been erected
by the Municipality of Villanueva within the property titled under my name.

15.Q: I am showing to you, pictures marked as Exhibit H, H-1 to G-2, what

these pictures show?

A. It is the structures of the Barangay hall of Barangay Katipunan under the

Possession of the Punong Barangay.

16.Q: I am showing to you, pictures marked as ExhibitI, Exhibit J and Exhibit

K, Can you tell us something about these pictures?

A: Exhibit I, is the stage of Barangay Katipunan, erected within the property

titled under my name.

Exhibit J, is a basketball Court of Barangay Katipunan, still erected within

the titled Property under my name.

And Exhibit K is an office with Clinic of Barangay Katipunan still erected

within the titled property under my name.

17.Q: I am showing to you, pictures marked as Exhibit L, to L-1, what these

pictures show?

A: That is the Barangay Katipunan Day care center.

18.Q: I am showing to you, pictures marked as Exhibit “M” what these picture
show?

A: that is the back portion of a botica store at Barangay Katipunan erected

also within our titled property.

19.Q. By the way who took those pictures you identified and described?

A. It was Jeffrey Jalagat my nephew, he took those pictures under my

instruction.

20.Q. What else have you done that has a relation to this case?

A. Together with all other heirs we agreed that we will send a demand
letter to settle this amicably.

21.Q: Why do you want to settle the same amicably?

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Recovery of Possession, Quieting of Title and Damages Civil Case No. R-CDO-20-00608-CV
 A. First, the money used to erect those structures are government’s money,
and I believe that it is illegal to spend the government’s money on
privately owned property more so that it is titled, and lastly for practical
reasons.

22.Q. As far as your personal Knowledge is concern for how long the heirs had
been deprived by the Municipality and Barangay Katipunan of Villanueva,
Misamis Oriental?

A. If I am not mistaken, if my recollection is right may be it was more than

20 years already.

23.Q: I am showing to you a document marked as Exhibit N, what is the

relevance of this document that you mentioned?

A. It is the demand letter that we send to the Honorable Mayor which was
received by the Office of the sanggunian.

24.Q: What else can you say?

A: The Municipality as well as barangay Katipunan of Villanueva, has been

using our property and benefiting from its use, I believe that it is right that
they should pay reasonable rent to it.

25.Q: What else?

A: They should pay for the damages considering that we are deprived of
the lawful possession over the said property over a long period of time as
well as moral damages.

26.Q: Are there other matters that you want to say that has a relation to this
case?

A: I believe that the Municipality as well as Barangay Katipunan of

Villanueva, should vacate our property because it pains us that the property
with rich history from our parents is not in our hands.

27. Q: Is everything you stated here based on your personal knowledge

A: Yes;

28. Q. Are you aware that you are under oath, therefore subject to criminal
liability if your statement is found to be false?

A: Yes;

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Recovery of Possession, Quieting of Title and Damages Civil Case No. R-CDO-20-00608-CV
 29. Q. Are you willing to sign the transcription and affidavit form of your
statement as proof that you affirm and confirm the same to be true?

A: Yes;

Carmito Leon B. Tapongot

Affiant

Subscribed and sworn to before me this 2nd day of March 2021 in Cagayan
de Oro City. The affiant is personally known to the undersigned.

Doc. No. _________;

Page No. _________;
Book No. _________;
Series of 2021;

ATTESTATION

I, Atty. Dexter Baquiano Precioso., of legal age, Filipino, single and a

resident of Zone-3, Patag, Camp Evangelista, Cagayan de Oro City, Misamis
Oriental, Philippines after having been sworn in accordance with law hereby
depose and state under oath, to wit:

1. That I faithfully recorded or caused to be recorded the questions I asked in the

Judicial Affidavit of Carmito Leon B. Tapongot as well as the corresponding
answers that the said witness gave me in response to those questions;

2. That neither I nor any other person then present or assisting me coached the
witness with regard to his answers;

IN WITNESS HEREOF, I hereby set my hand this 2nd day of March 2021
in Cagayan de Oro City.

________________________________
Atty. Dexter Baquiano Precioso
Affiant/Counsel

Subscribed and sworn to before me this 2nd day of March 2021 in Cagayan de Oro
City.The affiant is personally known to the undersigned.

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Recovery of Possession, Quieting of Title and Damages Civil Case No. R-CDO-20-00608-CV
 Doc. No. _________;
Page No. _________;
Book No. _________;
Series of 2021;

Copy Furnished by Personal Service:

Hon. CLERK OF COURT

Clerk of Court Branch No. 20
Cagayan de Oro City

Copy Furnished by Registered Mail;

Hon. Rosalie T. Uy
Municipality of Villanueva

Hon. Julio F. Cabato Jr.

Barangay Katipunan
Municipality of Villanueva

Explanation: Service of this Judicial Affidavit of Carmito Leon Tapongot to the adverse
party is by way of registered mail considering that the office of the undersigned is
distantly located and for lack of messengerial aide to effect personal service.

Atty. Dexter B. Precioso

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Recovery of Possession, Quieting of Title and Damages Civil Case No. R-CDO-20-00608-CV